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Why Pro-Defendant Criminal Procedure Might Hurt the Innocent


  • Matteo Rizzolli


  • Nuno Garoupa


Mandatory disclosure of evidence and double jeopardy are considered to be among the most important bulwarks against prosecutorial misconducts. While protecting the generality of defendants in the criminal process, we show that under certain reasonable assumptions, these procedural mechanisms hurt innocent defendants by inducing prosecutors to adjust their behavior and thus triggering adverse practices.

Suggested Citation

  • Matteo Rizzolli & Nuno Garoupa, 2008. "Why Pro-Defendant Criminal Procedure Might Hurt the Innocent," Working Papers 137, University of Milano-Bicocca, Department of Economics, revised Apr 2008.
  • Handle: RePEc:mib:wpaper:137

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    File Function: First version, 2008
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    More about this item


    double jeopardy; disclosure; evidence; prosecutor; defendant; criminal procedure;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law


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